S T A T E O F N E W Y O R K
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2669
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
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Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the executive law, in
relation to the imposition of a sentence of alcohol and controlled
substance monitoring upon conviction of an alcohol-related offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 1-b to read as follows:
1-B. ALCOHOL AND CONTROLLED SUBSTANCE MONITORING. (A) IN ADDITION TO
ANY OTHER SANCTIONS PROVIDED BY THIS SECTION, THE COURT SHALL UPON
CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR VEHICULAR
ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL
LAW, OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
120.04 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN
SECTION 120.04-A OF THE PENAL LAW, OR VEHICULAR MANSLAUGHTER IN THE
SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR VEHICU-
LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14
OF THE PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A PERIOD OF
PROBATION, MAKE A CONDITION OF SUCH PROBATION THE WEARING OF A SECURE
CONTINUOUS REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF ALCO-
HOL OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED, HOWEV-
ER, SUCH COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY
ANY SUCH PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE
HAS BEEN SUSPENDED OR REVOKED.
(B) A COURT SHALL CONDITION ANY BOND OR PRE-TRIAL RELEASE FOR A CHARGE
OF ANY OF THE OFFENSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UPON
THE WEARING OF A SECURE CONTINUOUS REMOTE ALCOHOL MONITOR, AND THE
PAYMENT OF THE ASSOCIATED COSTS AND EXPENSES. FURTHERMORE, THE COURT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06963-01-7
S. 2669 2
SHALL CONDITION THE SUSPENDED IMPOSITION OF SENTENCE OR SUSPENDED
EXECUTION OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE ASSOCI-
ATED COSTS AND EXPENSES. A COURT MAY WAIVE A FINE OR BOND IN LIEU OF
PARTICIPATION IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE THE
PAYMENT OF THE ASSOCIATED COST AND EXPENSE OF SUCH PROGRAM WHERE THE
PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
DEFENDER.
(C) THE FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS OF THE
ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN THE
ISSUANCE OF A REVOCATION ORDER. NO PROVISION OF THIS SUBDIVISION SHALL
AUTHORIZE A COURT TO SENTENCE ANY PERSON TO A PERIOD OF PROBATION FOR
SUBJECTING HIM OR HER TO THE PROGRAM ESTABLISHED BY THIS SUBDIVISION,
UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
PROBATION.
(D) EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL PROVIDE
PROOF OF COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND AT SUCH
TIMES AS THE COURT SHALL REQUIRE.
(E) ALL COSTS AND EXPENSES COLLECTED PURSUANT TO THIS SUBDIVISION
SHALL BE PAID IN THE TREASURY OF THE COUNTY OR CITY OF NEW YORK, THE
PROCEEDS OF WHICH SHALL BE USED SOLELY FOR THE PURPOSE OF DEFRAYING
RECURRING COSTS INCLUDING MAINTAINING EQUIPMENT, FUNDING SUPPORT
SERVICES AND ENSURING COMPLIANCE.
§ 2. Section 243 of the executive law is amended by adding a new
subdivision 5 to read as follows:
5. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE ADMIN-
ISTRATION OF ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PURSUANT TO
SUBDIVISION ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
(A) PROVIDE FOR PROCEDURES AND APPARATUS FOR TESTING THE ELECTRONIC
MONITORING DEVICES;
(B) SET PARTICIPATION AND USER FEES, PROVIDED, THAT SUCH USER FEES
SHALL NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF THE
SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
(C) REQUIRE THE SUBMISSION OF REPORTS AND INFORMATION BY LOCAL
PROBATION DEPARTMENTS.
§ 3. This act shall take effect immediately, except that section two
of this act shall take effect on the first of January next succeeding
the date on which this act shall have become a law.